To Authorize Certain Noncompetitive Appointments in the Civil Service for Spouses of Certain Members of the Armed Forces

Executive Order 13473 of September 25, 2008

To Authorize Certain Noncompetitive Appointments
in the Civil Service for Spouses of Certain Members of
the Armed Forces

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 3301 and 3302 of title 5,
United States Code, it is hereby ordered as follows:

Section 1. Policy. It shall be the policy of the United
States to provide for the appropriately expedited
recruitment and selection of spouses of members of the
Armed Forces for appointment to positions in the
competitive service of the Federal civil service as
part of the effort of the United States to recruit and
retain in military service, skilled and experienced
members of the Armed Forces and to recognize and honor
the service of such members injured, disabled, or
killed in connection with their service.

Sec. 2. Definitions. As used in this order:

    (a) the term “agency” has the meaning specified
for the term “executive agency” in section 105 of
title 5, United States Code, but does not include the
Government Accountability Office;
    (b) the term “Armed Forces” has the meaning
specified for that term in section 101 of title 10,
United States Code;
    (c) the term “active duty” means full-time duty
in an armed force and includes full-time National Guard
duty, except that, for Reserve Component members, the
term “active duty” does not include training duties
or attendance at service schools.
    (d) the term “permanent change of station” means
the assignment, detail, or transfer of a member of the
Armed Forces serving at a present permanent duty
station to a different permanent duty station under a
competent authorization or order that does not:

(i) specify the duty as temporary;

(ii) provide for assignment, detail, or transfer, after that different
permanent duty station, to a further different permanent duty station; or
(iii) direct return to the present permanent duty station; and

    (e) the term “totally disabled retired or
separated member” means a member of the Armed Forces
who:

(i) retired under chapter 61 of title 10, United States Code, with a
disability rating at the time of retirement of 100 per cent; or (ii)
retired or separated from the Armed Forces and has a disability rating of
100 percent from the Department of Veterans Affairs.

Sec. 3. Noncompetitive Appointment Authority.
Consistent with the policy set forth in section 1 of
this order and such regulations as the Director of the
Office of Personnel Management may prescribe, the head
of an agency may make a noncompetitive appointment to
any position in the competitive service, for which the
individual is qualified, of an individual who is:

    (a) the spouse of a member of the Armed Forces who,
as determined by the Secretary of Defense, is
performing active duty pursuant to orders that
authorize a permanent change of station move, if such
spouse relocates to the member's new permanent duty
station;
    (b) the spouse of a totally disabled retired or
separated member of the Armed Forces; or

    (c) the unremarried widow or widower of a member of
the Armed Forces killed while performing active duty.

Sec. 4. Administrative Provisions. The heads of
agencies shall employ, as appropriate, appointment
authority available to them, in addition to the
authority granted by section 3 of this order, to carry
out the policy set forth in section 1.

Sec. 5. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) authority granted by law to a department or agency or the head
thereof; and

(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative functions.

    (b) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its agencies, instrumentalities, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    September 25, 2008